Bennett v. . Taylor
Supreme Court of North Carolina
This was an appeal from the Superior Court of Granville, from an order of that Court, (Judge Bailey presiding) to set aside a fieri facias. An action of ejectment was brought by John R. Taylor and wife, of Wake county, to recover an undivided part of a tract of land, in Granville county, in the possession of Joseph EL. Gooch, who, by an order of Court, was made defendant, which action is still pending in Warren Superior Court.
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This was an appeal from the Superior Court of Granville, from an order of that Court, (Judge Bailey presiding) to set aside a fieri facias. An action of ejectment was brought by John R. Taylor and wife, of Wake county, to recover an undivided part of a tract of land, in Granville county, in the possession of Joseph EL. Gooch, who, by an order of Court, was made defendant, which action is still pending in Warren Superior Court. Mrs. Bennett, the nominal plaintiff in this case, was a witness for Taylor and wife in that suit, and assigned her witness tickets to Gooch, who took out a warrant on…
1Opinion of the Court
Manly, J,
We think the Court had no power upon motion to set aside the fieri facias, as invoked to do, in the County Court, and, of course, the appellate Court has none. It was issued, it seems, on a justice’s judgment, Bennett v. Taylor and wife, which had been transferred from the county of Wake to the county of Granville, under the provisions of the Rev. Code, chap. 62, sec. 20. It was levied upon the interest of the defendants in a parcel of land, returned to the County Court, with notice of the fact to the defendants. The judgment of the justice was then affirmed, a venditioni, ordered —…
2Cited by1 opinion
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